The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) (Katie John I), the court held that because Congress inc...

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired power plants that were modified prior to it acquiring them in 1999. ...

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and ocean surges. A city used its power of eminent domain to constru...

A California appellate court upheld a county's certification of an environmental impact report (EIR) regarding a proposed solar power development. A citizens group argued that the county violated the California Environmental Quality Act when it certified the EIR and approved the project because the ...